Common use of Discipline/Rehabilitation Clause in Contracts

Discipline/Rehabilitation. A positive test result for alcohol or illegal drug usage may, depending on individual circumstances, result either in discipline and/or referral to the Employee Assistance Program (EAP), as set forth in Article 15, for rehabilitation purposes. Likewise, any refusal to submit to testing may, depending on the individual circumstances, result in either discipline and/or referral to the Employee Assistance Program (EAP). In addition, any member who voluntarily seeks assistance with a drug or alcohol dependency problem shall not be required to, but may, submit to a test and shall be initially referred to the EAP, without any disciplinary action being taken and without any requirement for follow-up random testing. A positive test result for alcohol or illegal drug usage may result in appropriate discipline to a member where the member's satisfactory work performance has been adversely affected by substance abuse. Any discipline to be imposed shall be for just cause and shall take into account all facts and circumstances, including the need for testing, the member's desire for and progress in rehabilitation, and the member's past work performance. Any action taken pursuant to this Article including any positive test results, shall not be used as evidence or otherwise in any criminal proceeding against the member. If a member accepts a referral to the EAP for assessment as the result of a positive drug or alcohol test as a result of being required to submit to a test or as a result of a refusal to submit to testing, he or she must comply with any recommendation made by the EAP Drug and Alcohol Counselor resulting from the assessment, as a condition of continued employment. The member shall further be subject to follow-up random drug or alcohol testing for a period of up to one (1) year from the date of completion of the rehabilitation program. Failure to comply with any of the conditions associated with the recommendation of the EAP Drug and Alcohol Counselor, the conditions associated with the rehabilitation program, and random testing as specified above may result in discipline of the member.

Discipline/Rehabilitation. A positive test result for alcohol or illegal drug usage may, depending on individual circumstances, result either in discipline and/or referral to the Employee Assistance Program (EAP), as set forth in Article 15, for rehabilitation purposes. Likewise, any refusal to submit to testing may, depending on the individual circumstances, result in either discipline and/or referral to the Employee Assistance Program (EAP). In addition, any member employee who voluntarily seeks assistance with a drug or alcohol dependency problem shall not be required to, but may, submit to a test and shall be initially referred to the EAP, without any disciplinary action being taken and without any requirement for follow-up random testing. A positive test result for alcohol or illegal drug usage may result in appropriate discipline to a member where the member's satisfactory work performance has been adversely affected by substance abusean employee. Any discipline to be imposed shall be for just cause and shall take into account all facts and circumstances, including the need for testing, the member's employee’s desire for and progress in rehabilitation, and the member's employee’s past work performance. Any action taken pursuant to this Article including any positive test results, shall not be used as evidence or otherwise in any criminal proceeding against the memberemployee. If a member an employee accepts a referral to the EAP for assessment as the result of a positive drug or alcohol test as a result of being required to submit to a test or as a result of a refusal to submit to testing, he or she the employee must comply with any recommendation made by the EAP Drug and Alcohol Counselor resulting from the assessment, as a condition of continued employment. The member employee shall further be subject to follow-up random drug or alcohol testing for a period of up to one (1) year from the date of completion of the rehabilitation program. Failure to comply with any of the conditions associated with the recommendation of the EAP Drug and Alcohol Counselor, the conditions associated with the rehabilitation program, and random testing as specified above above, may result in discipline of the memberemployee. Bargaining unit members shall be subject to appropriate disciplinary action for engaging in off- duty, illegal conduct/behavior unbecoming a City employee emanating from the use of illegal drugs or alcohol which detracts from the image or reputation of the City as an organization or which erodes the public confidence in the City as an organization (e.g. disorderly conduct, assault, fighting, criminal menacing, disturbing the peace, OMVI, etc., or other criminal acts).

Discipline/Rehabilitation. A positive test result for alcohol or illegal drug usage may, depending on individual circumstances, result either in discipline and/or and or referral to the Employee Assistance Program (EAP), as set forth in Article 15, for rehabilitation purposes. Likewise, any refusal to submit to testing may, depending on the individual circumstances, result in either discipline and/or referral to the Employee Assistance Program (EAP). In addition, any member who voluntarily seeks assistance with a drug or alcohol dependency problem shall not be required to, but may, submit to a test and shall be initially referred to the EAP, without any disciplinary action being taken and without any requirement for follow-up random testing. A positive test result for alcohol or illegal drug usage may result in appropriate discipline to a member where the member's satisfactory work performance has been adversely affected by substance abuse. Any discipline to be imposed shall be for just cause and shall take into account all facts and circumstances, including the need for testing, the member's desire for and progress in rehabilitation, and the member's past work performance. Any action taken pursuant to this Article including any positive test results, shall not be used as evidence or otherwise in any criminal proceeding against the member. If a member accepts a referral to the EAP for assessment as the result of a positive drug or alcohol test as a result of being required to submit to a test or as a result of a refusal to submit to testing, he or she must comply with any recommendation made by the EAP Drug and Alcohol Counselor resulting from the assessment, as a condition of continued employment. The member shall further be subject to follow-up random drug or alcohol testing for a period of up to one (1) year from the date of completion of the rehabilitation program. Failure to comply with any of the conditions associated with the recommendation of the EAP Drug and Alcohol Counselor, the conditions associated with the rehabilitation program, and random testing as specified above may result in discipline of the member.

Discipline/Rehabilitation. A positive test result for alcohol or illegal drug usage may, depending on individual circumstances, result either in discipline and/or referral to the Employee Assistance Program (EAP), as set forth in Article 15, for rehabilitation purposes. Likewise, any refusal to submit to testing may, depending on the individual circumstances, result in either discipline and/or referral to the Employee Assistance Program (EAP). In addition, any member employee who voluntarily seeks assistance with a drug or alcohol dependency problem shall not be required to, but may, submit to a test and shall be initially referred to the EAP, without any disciplinary action being taken and without any requirement for follow-up random testing. A positive test result for alcohol or illegal drug usage may result in appropriate discipline to a member where the member's satisfactory work performance has been adversely affected by substance abusean employee. Any discipline to be imposed shall be for just cause and shall take into account all facts and circumstances, including the need for testing, the member's desire for and progress in rehabilitation, and the member's past work performance. Any action taken pursuant to this Article including any positive test results, shall not be used as evidence or otherwise in any criminal proceeding against the memberemployee. If a member an employee accepts a referral to the EAP for assessment as the result of a positive drug or alcohol test as a result of being required to submit to a test or as a result of a refusal to submit to testing, he or she the employee must comply with any recommendation made by the EAP Drug and Alcohol Counselor resulting from the assessment, as a condition of continued employment. The member employee shall further be subject to follow-up random drug or alcohol testing for a period of up to one (1) year from the date of completion of the rehabilitation program. Failure to comply with any of the conditions associated with the recommendation of the EAP Drug and Alcohol Counselor, the conditions associated with the rehabilitation program, and random testing as specified above above, may result in discipline of the memberemployee. Bargaining unit members shall be subject to appropriate disciplinary action for engaging in off- duty, illegal conduct/behavior unbecoming a City employee emanating from the use of illegal drugs or alcohol which detracts from the image or reputation of the City as an organization or which erodes the public confidence in the City as an organization (e.g. disorderly conduct, assault, fighting, criminal menacing, disturbing the peace, OMVI, etc., or other criminal acts).

Discipline/Rehabilitation. A positive test result for alcohol or illegal drug usage may, depending on individual circumstances, result either in discipline and/or referral to the Employee Assistance Program (EAP), as set forth in Article 15, for rehabilitation purposes. Likewise, any refusal to submit to testing may, depending on the individual circumstances, result in either discipline and/or referral to the Employee Assistance Program (EAP). In addition, any member employee who voluntarily seeks assistance with a drug or alcohol dependency problem shall not be required to, but may, submit to a test and shall be initially referred to the EAP, without any disciplinary action being taken and without any requirement for follow-up random testing. A positive test result for alcohol or illegal drug usage may result in appropriate discipline to a member where the member's satisfactory work performance has been adversely affected by substance abusean employee. Any discipline to be imposed shall be for just cause and shall take into account all facts and circumstances, including the need for testing, the member's employee’s desire for and progress in rehabilitation, and the member's employee’s past work performance. Any action taken pursuant to this Article including any positive test results, shall not be used as evidence or otherwise in any criminal proceeding against the memberemployee. If a member an employee accepts a referral to the EAP for assessment as the result of a positive drug or alcohol test as a result of being required to submit to a test or as a result of a refusal to submit to testing, he or she the employee must comply with any recommendation made by the EAP Drug and Alcohol Counselor resulting from the assessment, as a condition of continued employment. The member employee shall further be subject to follow-up random drug or alcohol testing for a period of up to one (1) year from the date of completion of the rehabilitation program. Failure to comply with any of the conditions associated with the recommendation of the EAP Drug and Alcohol Counselor, the conditions associated with the rehabilitation program, and random testing as specified above above, may result in discipline of the memberemployee. Bargaining unit members shall be subject to appropriate disciplinary action for engaging in off-duty, illegal conduct/behavior unbecoming a City employee emanating from the use of illegal drugs or alcohol which detracts from the image or reputation of the City as an organization or which erodes the public confidence in the City as an organization (e.g. disorderly conduct, assault, fighting, criminal menacing, disturbing the peace, OMVI, etc., or other criminal acts).